A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a relative of a victim B (here, 23 years of age, hereinafter referred to as “victim”) who had been aware of the relationship between the victim and the victim since six years of age.

Around 04:00 on February 23, 2020, the Defendant, at the Defendant’s house located in the Namdong-gu Incheon Metropolitan City D Building E, performed drinking together with the victim. The Defendant, who was under the influence of drinking with the victim, was exempted from the victim’s her will and clothes, and her sexual organ was inserted into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Investigation report by the police on the defendant's legal statement B (case of the victim's statement and submission of data) on each police's statement, the legal and chemical appraisal document (Evidence No. 17);

1. Application of Acts and subordinate statutes to the 112 reported case processing table, consent forms for victims of sexual assault, medical records (B), and history and message (Evidence List No. 22) sent by a suspect to the victim;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); and it is difficult to readily conclude that a criminal defendant has a risk of recidivism of a sexual crime because he/she has no record of punishment for a sexual crime in the past. It is difficult to readily conclude that the defendant’s personal information registration of the defendant, the order to attend the course for treating sexual assault, and the order to restrict employment alone is likely to have an effect to prevent recidivism to a certain extent, and other